Yes, Virginia, You Too Can Afford An Attorney

In a tight economy, legal services, like medical ones, seem to be moving out of reach of r many middle-class families.  And with attorneys showing little inclination to lower their fees or work pro bono, what’s John Q. Public to do?

Enter prepaid legal assistance.  Financial giants like American Express and Chase have been offering legal-assistance plans to their customers for some time, and now the movement is beginning to grow at the entrepreneurial level.  Here in Connecticut, a Meriden-based company, Legal Service Plans Inc. (LSP), is doing its part to “sell access to the legal system,” according to vice president Kevin Heckman.  Like an HMO, he says, his company promotes preventive care and provides access to basic legal services free or at a much-reduced rate.  While LSP is not strictly speaking a legal-insurance plan, it won’t provide coverage against big legal bills in cases that require extensive litigation.  It does fill a need, in effect offering low-cost basic coverage with attorneys who are members of its network.  Most important, says Heckman, “This brings down the barriers and opens the door; it allows people who might be reluctant to contact an attorney because of cost to establish a relationship with a professional who is friendly and courteous—and returns phone calls.”

How does it work?  First you apply through one of 150 participating credit unions around the state of on your own.  For about $85 per year, you (and your family) get: 1) a will; 2) toll-free, unlimited phone time with “access” attorneys to resolve typical problems—e.g., disputes with contractors or landlords, holdups in collecting government benefits or settling insurance claims; 3) legal letters and phone calls on your behalf; 4) review of simple documents like leases, home-purchase agreements and loan applications; 5) reduced fees for real-estate closings; 6) preparation for small-claims court appearances and representation in traffic court;  7) the ability to retain one of 180 “referral” attorneys at 75 firms statewide at a reduced rate of $60 per hour (vs. the going rate of $150 to the-sky’s-the-limit per hour).

Says Timothy Moynaham of Moynahan, Riskin, Mascolo & Minnella in Waterbury and Hartford, one of 30 access attorneys under the LSP umbrella, “The time has come for this type of plan.  It gives the public easy and ready access to competent, affordable legal services.  With that comes satisfaction and peace of mind.”

Are there any caveats?  Attorney Lou Ciccarello of the law firm Lovejoy, Hefferan, Rimer & Cuneo of Norwalk and Wilton points out a few.  Says Ciccarello, “You may receive lower charges as a consumer with these plans, but your freedom of choice is circumscribed.  Most people would prefer to hire a lawyer they know and trust rather than talk to a stranger on the phone who would refer them to another stranger.  My feeling is that this is an example of false economy, that you get what you pay for.  A lawyer who works for lower fees may be tempted to cut corners, whereas a lawyer who is paid a regular fee and knows his client is dedicated to serve his or her interests and would not cut corners.  My recommendation would be to pick the best lawyer, one you can relate to over a lifetime, rather than one who can save you money on one or two transactions.”

If you are comfortable with your attorney, his service and fees, no more needs to be said.  If you are not, or are undecided, you may wish to explore other options.

Dale B. Salm, Connecticut Magazine

Friday, October 01, 1993

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